Topic 1 Legal Foundations Flashcards
What is a Plaintiff?
A person who brings a case against another in a court of law.
What is a Defendant?
An individual, company, or institution sued or accused in a court of law.
What is Prosecution?
The institution and conducting of legal proceedings against someone in respect of a criminal charge.
What does Balance of Probabilities mean?
One case is more plausible than the other and that the case is backed up by the evidence that is before the court.
What does Beyond a Reasonable Doubt require?
The prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
Who is referred to as the Accused?
A person or group of people who are charged with or on trial for a crime.
What are Remedies & Damages?
Damages and liquidated claims are the common law remedies available following a breach of contract.
What are Sanctions & Penalties?
Penalties or other means of enforcement used to provide incentives or obedience with the law or other rules and regulations.
What is Defamation?
The action of damaging the good reputation of someone.
What is Murder?
The unlawful premeditated killing of one human being by another.
What does Summarily mean?
Dealt without jurors present.
What does Remand mean?
Held in custody in a Police Watch House.
What is the difference between Rules and Laws?
Rules are made by parents, guardians, and schools; laws are made by governments.
What is the Rule of Law?
An important legal principle adhered to by every democratic society ensuring that no one can be convicted of a crime without a proper trial.
List the key aspects for the Rule of Law to operate effectively.
- Laws must be clear.
- Laws must be accepted by all citizens.
- Laws must be known.
- Laws must be seen to be applied fairly.
What are the characteristics of effective laws?
- Laws must be clear.
- Laws must be accepted by all citizens.
- Laws must be known.
- Laws must be seen to be applied fairly.
What are Statute Laws?
Laws that are made by parliament and are written into acts, such as legislation like the Criminal Code Act 1899.
What are Common Laws?
Based on judges making decisions about issues that arise in court.
What is the Adversarial System?
The trial consists of a contest between two parties in dispute.
What is the Judge’s role in the Adversarial System?
Essentially an umpire ensuring the rules are followed, deciding what evidence is allowed, issues of law, and the verdict when no jury is present.
What is the Jury’s role in the Adversarial System?
To listen to the evidence presented by opposing parties and make a decision of guilt.
What is the Inquisitorial System?
Trial is presided over by a judge whose job is to question the accused, gather evidence and decide the truth.
What is the Judge’s role in the Inquisitorial System?
Has an active role in seeking out evidence, applying the law, and deciding the verdict.
Who sits in the Public Gallery of a courtroom?
The public, media, and family members.
What is the function of the Bailiff/Court Staff?
To serve and execute the process, judgments, and orders authorized by law.
What types of disputes does QCAT hear?
Civil disputes up to $25,000, building disputes, children’s matters, and anti-discrimination.
What types of disputes does the Magistrates Court hear?
Civil disputes up to $150,000 and criminal offences like burglary, assault, and some drug and traffic offences.
What is the jurisdiction of the District Court?
Civil disputes up to $750,000 and criminal offences of assault, rape, armed robbery, and fraud.
What is the jurisdiction of the Supreme Court?
Civil disputes over $750,000 and criminal offences of murder, manslaughter, and significant drug offences.
What is the function of the Court of Appeal?
Rehears matters and contains 3-5 judges.
